The legal side of procurement with Alexander Canizares

Alexander Canizares joined me on the Acquisition Talk podcast to discuss the legal side of the acquisition system. He is a senior counsel at Perkins-Coie, a lecturer at George Washington Law School, and a former trial attorney at the Department of Justice. Alex provides insights on a number of topics, including: Cybersecurity Maturity Model Certification (CMMC) Whether an OTA contract can be protested What's new in pricing sole source contracts Whether VC funding disqualifies businesses from SBA loans The Procurement Collusion Task Force Throughout the episode, Alex relates a fundamental tension in procurement law that I would describe as the tension between the desire to move with commercial speed and the fact that government is not just a big firm. For example, the CMMC addresses a real problem for national security but has a number of unknowns in terms of compliance issues. Bid protests help create fair procurement processes but can upset agency timelines and create risk aversion. Cost or pricing data requirements prevent abusive sole-source pricing but may deter competition from commercial firms. One of the highlights was the discussion on whether an Other Transaction Authority (OTA) contract can be protested or not. Alex explains how the Court of Federal Claims rejected SpaceX's bid protest of an OTA because they are not considered procurement contracts under the Tucker Act -- they are outside the Federal Acquisition Regulation. The caveat is that a protest can be raised over whether the contract was able to use an OTA in the first place. For example, Oracle successfully protested an OTA follow-on production award because the agency did not specify in the original prototyping solicitation that follow-on production was available, citing the DoD OTA Guide. This podcast was produced by Eric Lofgren. Soundtrack by urmymuse: "reflections of u". You can follow us on Twitter @AcqTalk and find more information at AcquisitionTalk.com.